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Should plaintiffs’ counsel always insist an adjuster with full authority attend? Mediations, as with so much of life, involve relationships.  I do believe that mediating with all of the important people present is a best... Read More

How does the mediator make sure the person has authority to settle? While the mediator can ask about authority, the mediator can’t “make sure”.  The person at the mediation may have sufficient authority, or may not... Read More

ABOUT APOLOGIES ~ PART II
ABOUT APOLOGIES ~ PART II “Never apologize and never explain – it’s a sign of weakness.” John Wayne “An apology is the superglue of life. It can repair just about anything.” Lynn Johnston With all due respect to The Duke, I don’t think he ever tried to mediate a lega... Read More

New Florida Lawyers – Can we Talk?
New Florida Lawyers – Can we Talk? I attended the 5th DCA swearing-in ceremony on Tuesday, May 8 and The President of The Florida Bar, Scott Hawkins, asked me to address the group on... Read More

When one party does not act in good faith
When one party does not act in good faith We hear this often from counsel and clients: “They are not negotiating in good faith.” Typically it reflects a frustration with the negotiation strategy or evaluation of the claim by the opposing party. Read More

How does a party ensure that opposing party is serious about mediation?
How does a party ensure that opposing party is serious about mediation? You can never really be sure that the other side is taking the mediation as seriously as you are, but you can increase the likelihood that they take... Read More

ABOUT APOLOGIES
ABOUT APOLOGIES WHY SHOULD I APOLOGIZE?  (Part I) Elton John may have been right when he sang that, “Sorry seems to be the hardest word.”  And what is true... Read More

Do Florida Courts have a mandatory mediation program or practice and if so, is it successful?
Do Florida Courts have a mandatory mediation program or practice and if so, is it successful? We continue our Q&A supplement to our recent webinar, The Ten Most Common Questions Asked About Mediation   with this submission from Kim... Read More

Thinking Fast and Slow
Thinking Fast and Slow       Thinking, Fast and Slow      by Daniel Kahneman (Farrar, Straus and Giroux 2011)* “Slow down, you move too fast. You got to make... Read More

What Types of Cases are Best to Take to Mediation?
What Types of Cases are Best to Take to Mediation? Richard Lord continues our Q&A supplement to our recent webinar, The Ten Most Common Questions Asked About Mediation . Please feel free... Read More

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